Terms and Conditions

Account – means unique personified account registered in the name of the Client and which contains all of the Client’s transactions/ operations on the Trading Platform (as defined below) of the Company.

Ask - means the higher price in a quote. The price the Client may buy at.

Bid - means the lower price in a quote. The price the Client may sell at.

Execution - means the execution of Client orders by the Company acting as a broker and/or matched trader, for the Market Maker as per the terms of this Agreement.

KYC documents - means the documents to be provided by the Client, including without limitation to the a copy of the passport or ID and utility bill of the Client.

Market Maker - means any licensed entity for which the Company acts as a broker and/or facilitator, for the purposes of reception and transmission of orders placed by the Client, including without limitation to Smart Capital Ltd, a company with registered number 2314028 and registered office at 590 Madison Avenue, New York NY 10022, USA, with which the Company has entered into an agreement for the provision of liquidity and market making services under which the Company acts as a commission based broker for and on behalf of Smart Capital Ltd.

Operations – means actions performed at the Client’s Account, following an order placed by the Client,, connected with but not limited to crediting of funds, return of funds, opening and closing of trade transactions/positions and/or that relate to financial instruments.

Prices - means the prices offered to the Client for each and any transaction, such prices being based on the market rates provided by the Market Maker, and may be changed without prior notice. Where this is relevant, the prices given through the Trading Platform include the Spread (as defined below). The Prices specified are the prices the Market Maker and the Company, as a broker and/or matched trader, are ready to offer to the Client.

Services – means the services described in section 3 of this Agreement.

Spread - means the difference between the purchase price Ask (rate) and the sale price Bid (rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes of this Agreement assimilated commission.

Trading Platform - means an electronic system on the internet that consists of all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.

The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform. The Company agrees to provide the Client with the Services subject to the Client:

A. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.

B. Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject. C. Not being a citizen or resident of the following jurisdictions: USA, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea and/or any country of the European Union. The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of this Agreement.

In relation to Clients from the Russian Federation, note is made of the following: for the avoidance of any doubt, this Agreement is not concluded in the Russian Federation. The present Agreement is concluded in the Republic of Seychelles and the provisions of this Agreement shall be regulated by section 10 of this Agreement.

The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account, that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to the Company by the Client by which the obligation of the Client to pay any money to the Company is secured.

The parties affirm that the Agreement is not entered into under and in accordance to, the legislation of the Russian Federation but this is without prejudice to the right of the parties to contract in accordance to clause 2 of article 421 of the Russian Federation Civil code.

Services provided to the Client by the Company shall not be considered as (i) forex-dealer services, within the meaning of clause 4.1 of the Federal law of the Russian Federation “About the security market” No. 39-FZ dated 22.04.1996”, and/or (ii) gambling and/or wagering within the meaning of the Federal law of the Russian Federation No. 244-FZ “About state regulation of activity regarding organization and fulfillment of gambling and implementation of changes in some legal acts of the Russian Federation” dated 29.12.2006.

The Client shall be entitled to:

A. Submit with the Company any order requesting the execution of a transaction/Operation on the Website in accordance to and subject to the terms and conditions of this Agreement;

B. Request withdrawal of any amounts subject and in accordance to the Withdrawal and Refund Policy, and provided that the Company has no claims against the Client and/or the Client does not have any outstanding debts to the Company;

C. In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, then the Client can submit his/her complaint, to include all relevant particular and details, to the Company at support@thecryptosquare.com. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time but not later than 3 months from the date of acknowledging receipt of the complaint.

D. Unilaterally terminate the Agreement provided that there is no debt outstanding from the Client toward the Company and such termination is made in accordance to section 11 herein.

The Client:

A. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.

B. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement

C. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;

D. Shall be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client;

E. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN is an indication that shall reasonably lead the Company to believe that sections 3.7 and 5.2.b herein have been breached..

F. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion.

G. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time.

H. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorised parties.

I. Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect.

J. Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion, and funds deposited and maintained therein shall not be considered/treated as financial obligation of the Company towards the Client.

K. Shall indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal.

L. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax.

M. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure.

N. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction.

O. Acknowledges that the Company prohibits third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion, if it has identified third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client. P. Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference.

Q. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies.

R. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise.

S. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.